TERMS & CONDITIONS OF SALE
5STARKITCHENBATH.COM TERMS AND CONDITIONS OF SALE
These terms and conditions of sale, including information made available via a hyperlink herein, (collectively, the “Agreement”) apply to your purchase of products from 5STARKITCHENBATH.COM, (“5STARKITCHENBATH.COM”) by phone, internet, or otherwise. By placing your order with 5STARKITCHENBATH.COM, you accept and are bound to the terms of this Agreement. 5STARKITCHENBATH.COM specifically rejects any different, inconsistent, conflicting or additional terms or conditions you may provide in the course of the sale of products from 5STARKITCHENBATH.COM to you. Any variation to this Agreement shall not be valid or binding upon 5STARKITCHENBATH.COM unless a Vice President or higher level officer of 5STARKITCHENBATH.COM expressly accepts such terms or conditions in writing.
Any order shall be subject to acceptance by 5STARKITCHENBATH.COM. 5STARKITCHENBATH.COM may decline any order in whole or in part, for any lawful reason whatsoever. If 5STARKITCHENBATH.COM accepts your order, 5STARKITCHENBATH.COM will notify you of its acceptance by sending an order confirmation. Once 5STARKITCHENBATH.COM has sent the order confirmation to you, you may not cancel the order. 5STARKITCHENBATH.COM is not responsible for pricing, typographical or other errors in any offer by 5STARKITCHENBATH.COM and 5STARKITCHENBATH.COM reserves the right to cancel any orders arising from such errors.
Terms of payment are within 5STARKITCHENBATH.COM’s sole discretion and unless otherwise agreed to by 5STARKITCHENBATH.COM, payment must be received by 5STARKITCHENBATH.COM prior to 5STARKITCHENBATH.COM’s acceptance of an order.
Stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. Unless you provide 5STARKITCHENBATH.COM with a valid tax exemption certificate, all such duties or taxes shall be paid by you.
Shipping and Delivery.
Shipping charges, if any, will be added to your invoice for the products purchased. Any delivery dates 5STARKITCHENBATH.COM quotes are estimates only. 5STARKITCHENBATH.COM cannot guarantee delivery on a specific date. Failure to deliver upon a certain date, for whatever reason, shall not entitle you to terminate this Agreement, cancel the order, or claim consequential, liquidated or other damages. 5STARKITCHENBATH.COM reserves the right to deliver products in partial shipments or installments. Additional shipping and delivery details can be found at https://www.5STARKITCHENBATH.COM/delivery and you agree to those terms. All shipment(s) are sold Free On Board (F.O.B.) to Customer location via truck with title of ownership passing to customer upon leaving the 5STARKITCHENBATH.COM shipping point.
Return and Replacement Policy.
5STARKITCHENBATH.COM’s return policy can be found at https://www.5STARKITCHENBATH.COM/replacement-policy and you agree to those terms.
THE LIMITED WARRANTY APPLICABLE TO 5STARKITCHENBATH.COM’S PRODUCTS CAN BE FOUND AT https://www.5STARKITCHENBATH.COM/warranty OR IN THE DOCUMENTATION 5STARKITCHENBATH.COM PROVIDES WITH ITS PRODUCTS, WHICH WARRANTY YOU AGREE IS AVAILABLE FOR INSPECTION PRIOR TO CONSUMMATION OF THE SALE CONTEMPLATED BY THIS AGREEMENT. 5STARKITCHENBATH.COM MAKES NO OTHER WARRANTY TO YOU, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND TO THE FULLEST EXTENT PERMITTED BY LAW, 5STARKITCHENBATH.COM DISCLAIMS ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, ADVICE, OR CONSULTATION, IF ANY, FURNISHED TO YOU BY 5STARKITCHENBATH.COM OR ITS REPRESENTATIVES, WHETHER AS TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. Some jurisdictions do not allow for the exclusion or limitation of warranties (including those implied by law or guaranteed by statute), so the above limitation may not apply to you.
Limitation of Liability.
TO THE EXTENT PERMITTED BY LAW, 5STARKITCHENBATH.COM WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING THE COST OF PROCUREMENT OR INSTALLATION OF ANY SUBSTITUTE FOR THE PRODUCTS PURCHASED), HOWEVER CAUSED, AND REGARDLESS OF THEORY OF LIABILITY, EVEN IF 5STARKITCHENBATH.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, 5STARKITCHENBATH.COM’S LIABILITY WILL NOT EXCEED THE AMOUNT YOU WERE INVOICED FOR THE APPLICABLE PRODUCT.
Governing Law; Venue.
In all respects this Agreement shall be governed by the procedural and substantive laws of the State of California without giving effect to any choice of law principles which might provide for application of a different jurisdiction’s law. Any claim or action brought in connection with this Agreement shall be brought in the appropriate Federal or State court located in Los Angeles County, California, and you irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.
This Agreement constitutes the entire contract between you and 5STARKITCHENBATH.COM for your purchase of products from 5STARKITCHENBATH.COM; there are no other contracts, express or implied. The headings contained in this Agreement are intended solely for convenience of reference and are not intended to be part of or affect the meaning or interpretation of this Agreement. No course of dealing, nor any failure or delay in exercising any right, power or privilege hereunder by 5STARKITCHENBATH.COM shall operate as a waiver thereof. If a court of competent jurisdiction declares any provision of this Agreement to be invalid, unlawful or unenforceable as drafted, such provision shall be amended and construed in a manner designed to effectuate the purposes of the provision to the fullest extent permitted by law. If such provision cannot be so amended and construed, it shall be severed, and the remaining provisions shall remain unimpaired and in full force and effect to the fullest extent permitted by law.
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